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78R11208 ATP-D


By:  Villarreal                                                   H.B. No. 334

Substitute the following for H.B. No. 334:                                    

By:  Mowery                                                   C.S.H.B. No. 334



A BILL TO BE ENTITLED

AN ACT

relating to the adoption and enforcement by certain municipalities 
of a rehabilitation code or provisions governing the rehabilitation 
of structures.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Subchapter G, Chapter 214, Local 
Government Code, is amended to read as follows:

SUBCHAPTER G.  BUILDING AND REHABILITATION CODES
	SECTION 2.  Subchapter G, Chapter 214, Local Government 
Code, is amended by adding Section 214.215 to read as follows:
	Sec. 214.215.  ADOPTION OF REHABILITATION CODES OR 
PROVISIONS.  (a)  In this section, "rehabilitation" means the 
alteration, remodeling, enlargement, or repair of an existing 
structure.
	(b)  A municipality that adopts a building code, other than 
the International Residential Code adopted under Section 214.212, 
shall adopt one of the following:
		(1)  prescriptive provisions for rehabilitation as 
part of the municipality's building code; or
		(2)  the rehabilitation code that accompanies the 
building code adopted by the municipality.
	(c)  The rehabilitation code or prescriptive provisions do 
not apply to the rehabilitation of a structure to which the 
International Residential Code applies or to the construction of a 
new structure.
	(d)  The rehabilitation code must be a code, as it existed on 
May 1, 2003, published by a developer of a national model code or by 
the American National Standards Institute.  The prescriptive 
provisions for rehabilitation must be included in a code, as it 
existed on May 1, 2003, published by a developer of a national model 
code or by the American National Standards Institute.
	(e)  A municipality may:                                                
		(1)  amend the rehabilitation code or the prescriptive 
provisions for rehabilitation; or
		(2)  review an amendment made to the rehabilitation 
code or prescriptive provisions for rehabilitation by the body that 
developed the rehabilitation code or prescriptive provisions and 
adopt that amendment as part of the municipality's building or 
rehabilitation code.
	(f)  A municipality shall enforce the prescriptive 
provisions for rehabilitation or the rehabilitation code in a 
manner consistent with the enforcement of the municipality's 
building code.
	SECTION 3.  A municipality shall adopt prescriptive 
provisions for rehabilitation, a building code with prescriptive 
provisions for rehabilitation, or a rehabilitation code, as 
required by Section 214.215, Local Government Code, as added by 
this Act, on or before January 1, 2004.
	SECTION 4.  This Act takes effect September 1, 2003.